Are you feeling anxious about an important event? Maybe it’s a medical test that determines if you need therapy. Or perhaps you’re waiting for college entrance exam results. Sports fans understand that a championship season involves many unexpected twists over months.
This anticipation intensifies in a child custody case. You must navigate courts, judges, lawyers, laws, your co-parent, and challenging situations. Besides emotional tolls, child custody battles consume time and money. How much? Several factors play a role.
Ideally, you want a swift resolution to your child custody case and to achieve your goals. However, in business, there’s a saying: projects often take twice as long and cost twice as much as you plan. This might hold true for family law cases too. How do you manage the wait while staying focused on your objectives?
We’ll explore these questions in today’s blog post from the Law Office of Bryan Fagan. The timeline of a family law case varies based on many factors. Today, we aim to offer you peace of mind as you enter the realm of child custody. Understanding the potential duration, steps involved, and setting realistic goals can help you effectively plan your case for you and your child.
How does a child custody case begin?
You and your boyfriend have just broken up. You were thinking about marriage but that is out of the question. The two of you share a five-year-old son. You’ve lived together since he was born but your boyfriend moved out last week into his place. It’s weird to think about a man you’ve been dating for years as just your “co-parent” but that’s what he is these days. Now that you all are starting to think more about how to divide up parenting time/responsibilities you are interested in finding out how the family courts can help you and your family figure all this out.
Beginning a child custody case means coming up with goals. Although it may feel like it, having your main goal be just getting out of your case in one piece is not good enough. Rather, you need to have real, tangible goals that can make a difference in the life of your child. A judge will make decisions in a case that are based on the best interests of your child. That is also how you should approach your goal setting. What would be in your child’s best interests? Sometimes this is not the same thing as wondering what is in your own best interests.
Do you want to be the primary conservator of your child and determine where your child lives during the school week? What about child support? If your child has a major medical need then you may need to negotiate out-of-pocket medical expenses alongside child support. Does your child have a great relationship with his father and with you? If so then you would want to ensure that the possession schedule that is ultimately decided upon will facilitate him being able to spend meaningful time with both of you.
Goal setting is all good and well but if you don’t know where to start when it comes to this topic then you should not feel alone. The Law Office of Bryan Fagan understands the position that you are in. On the one hand, you want to do what is best for your child. On the other, you are not an expert in family law by any means. You have so much going on in your life that it is going to take a lot of effort just to brainstorm these goals for your case. Fear not- the experienced attorneys with the Law Office of Bryan Fagan are here to assist you. We, and a free-of-charge consultation, are just a phone call away.
A petition in a Suit Affecting the Parent-Child Relationship is the actual first step towards accomplishing your child custody goals. This is the formal name of the document that you would need to file in a family court to begin the case. A Texas family court gains jurisdiction over your case when you, your child, or your co-parent has lived in a county for at least 90 days before the filing of the lawsuit and in Texas for at least six months before filing the lawsuit.
An Original Answer in a Suit Affecting the Parent-Child Relationship will need to be filed if your co-parent beats you to the punch and files a Petition first. There is not much of a difference, in most cases, in being the Petitioner (person who files the lawsuit) and the Respondent (person who responds to the Petition). The important thing is to bear in mind that being intentional, having goals, and then working in the best interests of your child is what matters most.
Mediation- don’t take it for granted
Many parents in Texas believe that a judge will ultimately decide their child custody case. They envision presenting their case in a large courtroom where the judge determines the key aspects of their family’s future. Parents hope for a wise judge, as these decisions will shape their family’s life for years to come. Is this scenario common in Texas child custody cases?
Fortunately, it is more likely that you and your co-parent will resolve your issues through mediation rather than court. Mediation allows you to work collaboratively with a third-party mediator to address what’s best for your child. Typically, you and your co-parent, along with your attorneys, will meet in separate rooms at the mediator’s office. The mediator shuttles between you, facilitating a settlement on critical issues.
The agreements reached during mediation are documented in a mediated settlement agreement. This document forms the basis of either a temporary or final order in your case, depending on its stage. Throughout this process, your attorneys provide advice, but you and your co-parent actively engage in understanding and resolving the issues yourselves. Hiring an attorney is not about delegating decision-making but leveraging their knowledge to make informed decisions about your family’s unique circumstances.
Finding an attorney with the heart of a teacher
When you think about similar professions you probably would not immediately think about teachers and lawyers. Teachers have smiling faces and take on challenges associated with educating the youth of our nation on a wide range of topics. They aren’t paid as well as attorneys, in most cases, yet work hard to fulfill a huge role in our society. Teachers shape generations of children and take satisfaction in that rather than a hefty paycheck. When we think of teachers this is what I think of, at least.
However, you need to look for an attorney who knows the law but can also help educate you on the issues that are most important to your case. We call this having the heart of a teacher. Have you ever been around a salesperson, attorney, or other individual in the professional world who just seems to be out for themselves? This person doesn’t listen to what you have to say but pushes forward with their positions and seemingly in their interests first and foremost. The legal profession is full of people like you. You would be best served to avoid these folks and focus on attorneys like those with the Law Office of Bryan Fagan. Our attorneys will pursue your goals, advocate for you, and educate you on the decisions that you are making so that you can feel confident in your case.
What happens in the middle of a child custody case?
We’ve already discussed the initial stages of a family law case. Now, let’s delve into what happens during the middle of a child custody case. One unique aspect of child custody proceedings is their lack of a clearly defined timeline. Unlike a Texas divorce, which must last at least 60 days, a child custody case has no minimum duration. In theory, you could resolve your case within a month if both co-parents work together effectively.
I imagine many in the Houston area might be skeptical about resolving a case so quickly. However, it’s worth exploring how to expedite your child custody case without compromising your objectives. Not all family law cases can conclude in just a month. Such a swift resolution is an excellent goal, but often not feasible due to disagreements that necessitate extended negotiations. Sometimes, even agreeable co-parents need a trial period to ensure their visitation or custody arrangements function smoothly. Other times, a co-parent may resist engaging in productive negotiations.
These factors can significantly extend the duration of a child custody case. You have limited control over the process, especially if your co-parent refuses to negotiate or if circumstances aren’t conducive to a quick resolution. If you’re aiming for a speedy child custody case, initiate discussions with your co-parent once the case is filed to assess the possibility of settling the matter swiftly.
Ultimately, the course of a child custody case is what you and your co-parent shape it to be. If I were involved in such a case, I would concentrate on specific areas to foster a more efficient and successful outcome for both the family and the child. Here’s a look at those key areas.
Making your child custody case more efficient
If you want to streamline your child custody case, intentional decision-making is crucial. Many people navigate child custody without thoroughly assessing their situation, often making hasty decisions. Instead, consider your case’s goals and act accordingly.
For example, if ensuring a manageable child custody schedule for your child is a major concern, prioritize this discussion with your co-parent from the start. Although these conversations might be uncomfortable, they are essential. Early discussions help gauge whether you can agree or if you need mediation soon.
This approach prevents wasting time on trivial disputes and focuses on the crucial aspects of your child custody case. Communicating effectively with your co-parent is challenging, especially if it’s the reason for the custody case.
However, maintaining a professional, civil relationship with your co-parent is beneficial. This often encourages them to respond similarly during negotiations. Avoid being overly aggressive; it seldom produces a cooperative response. If civility fails, take necessary steps to protect your interests and your family. Always prepare for various responses and prioritize your child’s well-being throughout the process.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as how your family’s circumstances may be impacted by the filing of a divorce or child custody lawsuit.
Other Related Articles:
- Child custody and its impact on relocation
- A postnuptial agreement cannot establish child custody orders
- The Impact of CPS Reports on Child Custody Decisions
- Divorce and Child Custody: What You Need to Know
- Avoiding common mistakes in your child custody case
- Uniform Child Custody Jurisdiction and Enforcement Act: Its impact on your Texas family law case
- How Parental Alienation May Influence Child Custody Cases in Texas
- How is child custody determined in Texas?
- Mastering Child Custody Enforcement: Expert Tips and Strategies Revealed!
- The Road to Clarity Parental Rights and Child Custody in Texas
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
